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Judicial Review consultation launched

The Ministry of Justice has launched a public consultation on judicial review which will address the recommendations of an independent panel of experts led by Lord Faulks QC.

They investigated whether the correct balance is being struck between the rights of citizens to challenge Executive decisions and the need for effective government.

The Panel concluded that there was a growing tendency for the courts in judicial review cases to edge away from a strictly supervisory jurisdiction, becoming more willing to review the merits of the decisions themselves, instead of the way in which those decisions were made.

The Panel proposed two reforms to substantive law: to reverse the effects of so-called 'Cart judgments' to prevent appeals in the Upper Tribunal being subject to judicial review in the High Court; and to introduce suspended quashing orders as a new remedy.

On Cart judgments, the Review analysis found that 5,502 Cart judicial reviews have occurred since this route of Judicial Review was made available, but that in only 12 instances had an error of law been found.
On quashing orders, the Panel concluded that the courts should have the ability to suspend quashing orders, mandating a time by which any administrative oversight should be corrected.

On Civil Procedure Rules, the consultation will also consider whether to recommend to the Civil Procedure Rule Committee that they consider a range of procedural reforms to improve the efficiency of Judicial Review claims.

These will include:

For the consultation document, click here. For the panel's report, click here.

21/3/21